Anyone file PERM today?
- Thread starter allaboutgc
- Start date
sotiredofwaiting
Registered Users (C)
dsugandhi said:
Why? If you file your case as a conversion case, you will preserve your PD. Is there something I'm missing??
cnqj said:
Cnqj,
Firstly congrats for achieving this great sucess!
I'm not sure where I read or heard, but there is this new rule by DOL that once a labor application is certified your next I-140 has to applied within 45 days after receiving certification. So if your attorney is saying it'll take 2 months to receive it physically, double check with him about this rule.
volleyball
Registered Users (C)
sotiredofwaiting said:
Yes, I too dont understand why ppl are not thinking of converting their case instead of filling a new one?? Is there any considerations why you guys are opting for a new application instead of convertion. I am currently working with my lawyer to convert my case to PERM so that I can keep my PD. Is there some details that I am missing.
Thanks.
The guidelines for conversion are not clearly given and those given if strictly followed conversion is very difficult. One of the rule says that all ur details inlcuding employer address, ph no, job description, salary everything should match exactly. So, if a employer ph no or address changed from the previous date of filing, we are not sure whether PD gets carried on or not. More over the PERM guidelines are going on changing every month. So, most of us afraid to take conversion route and using the option of 2 filings.
volleyball said:
All tech positions are EB3 under PERM!
I am a newbie and I truely love this forum.
I'll be posting more questions later...But my main concern is what my lawyer said at the very first step of filing with PERM.
According to her " all tech positions are EB3 under PERM"
Is that true! As I have been reading in this forum that most of the technology cases are EB2 and are being approved.
I am a Software engineer having BS + 7 years of experience as Programmer/Analyst.
Let me know if more info about me is required to answer this question.
Warm Regards,
GarVin
Hi Friends ,allaboutgc said:
I am a newbie and I truely love this forum.
I'll be posting more questions later...But my main concern is what my lawyer said at the very first step of filing with PERM.
According to her " all tech positions are EB3 under PERM"
Is that true! As I have been reading in this forum that most of the technology cases are EB2 and are being approved.
I am a Software engineer having BS + 7 years of experience as Programmer/Analyst.
Let me know if more info about me is required to answer this question.
Warm Regards,
GarVin
volleyball
Registered Users (C)
Nirvan said:
Does the salary too have to be the same?? Where can I find these details? I read the FAQ's for PERM and saw that the names, phone no's, addresses, job desctiption etc have to be same but dont remember reading that the salary should also be the same.
Just now spoke to my lawyer and they said that they will collect all my info and will go through the case and will make a decision if PERM is a good option or not. If they think it is ok to convert then they will file by the end of september.
Any poeple still in process from Atlanta
Hi All
I have applied as of 6/7/2005 in Atlanta. I was under Audit review then final review as of 24th rerun and after that In Process as of 28th rerun and still in process.
Any one is in the same boat with me. 60 days are over a week back. Anybody knows what to do except waiting......
Hi All
I have applied as of 6/7/2005 in Atlanta. I was under Audit review then final review as of 24th rerun and after that In Process as of 28th rerun and still in process.
Any one is in the same boat with me. 60 days are over a week back. Anybody knows what to do except waiting......
08/15/2005: DOL's Misguided and Unauthorized Change of Policy on Multiple LC Filings
Multiple filers please go through following cutting from http://www.immigration-law.com
* Apparently when the foreign labor certification reengineering was designed, the leaders in the Foreign Labor Certification Division of DOL must not have foreseen the potential problems of multiple filings during the period of transition from the backlog processing system to the new electronic filing system of PERM as evidenced by the PERM final regulation which failed to provide any rules on the effect of multiple filings by the same employer for the same employee. As we pointed out sometimes back, the problem has since developed into a serious situation due to the critical faults in the decision matrix system which was followed by massive denials of online applications and employers repetitive filings of the same applications for the same employee over and over again, not to mention another applications pending in the backlog processing system. Had they really feared the problems involved in the multiple applications filings, they should have incorporated certain legal devices in the PERM regulation such that the alleged labor certification system is not abused, which they failed. Alternatively, they could have initiated the rule-making procedure "timely" to remove the substitution of the beneficiary for the approved labor certifications, which would have resolved in part the potential misuse and fraudulent activities involving some multiple filings. Again, they failed on this option as the substitution elimination rule finalization has a long way to go.
* Apparently to cope with the problem, the DOL attempted a short cut route making a new rule or policy "without any legal authority" and "without the required legal procedure of the rule making that all the multiple applications but one will be denied or if approved, revoked. This policy should have been incorporated in the PERM final regulation, had they really intended to adopt such politices. A policy or legal procedure which profoundly affects the parties' substantive as well as procedural rights cannot be arbitrarily enacted into a rule without taking a proper steps which are required for rule-making process. Obviously, they could have thought that by accelerating the national database for the permanent labor certification systems including the backlog processing and PERM processing probably by the end of August 31, 2005, they might be able to detect "in part" some of these multiple filings. It is anticipated that this new policy will face a serious litigation.
Multiple filers please go through following cutting from http://www.immigration-law.com
* Apparently when the foreign labor certification reengineering was designed, the leaders in the Foreign Labor Certification Division of DOL must not have foreseen the potential problems of multiple filings during the period of transition from the backlog processing system to the new electronic filing system of PERM as evidenced by the PERM final regulation which failed to provide any rules on the effect of multiple filings by the same employer for the same employee. As we pointed out sometimes back, the problem has since developed into a serious situation due to the critical faults in the decision matrix system which was followed by massive denials of online applications and employers repetitive filings of the same applications for the same employee over and over again, not to mention another applications pending in the backlog processing system. Had they really feared the problems involved in the multiple applications filings, they should have incorporated certain legal devices in the PERM regulation such that the alleged labor certification system is not abused, which they failed. Alternatively, they could have initiated the rule-making procedure "timely" to remove the substitution of the beneficiary for the approved labor certifications, which would have resolved in part the potential misuse and fraudulent activities involving some multiple filings. Again, they failed on this option as the substitution elimination rule finalization has a long way to go.
* Apparently to cope with the problem, the DOL attempted a short cut route making a new rule or policy "without any legal authority" and "without the required legal procedure of the rule making that all the multiple applications but one will be denied or if approved, revoked. This policy should have been incorporated in the PERM final regulation, had they really intended to adopt such politices. A policy or legal procedure which profoundly affects the parties' substantive as well as procedural rights cannot be arbitrarily enacted into a rule without taking a proper steps which are required for rule-making process. Obviously, they could have thought that by accelerating the national database for the permanent labor certification systems including the backlog processing and PERM processing probably by the end of August 31, 2005, they might be able to detect "in part" some of these multiple filings. It is anticipated that this new policy will face a serious litigation.
is any body still "In Process"
am i the only one who is "in process" from atlanta??
as i stated before i applied on 6/7/2005. Went thru audit review as a result of rerun went to final review and again on 28th july went to "in process"
70 days have been over since i filed...
any one in same boat??
What should i do??
am i the only one who is "in process" from atlanta??
as i stated before i applied on 6/7/2005. Went thru audit review as a result of rerun went to final review and again on 28th july went to "in process"
70 days have been over since i filed...
any one in same boat??
What should i do??